national govenment civil li
The Eighth Amendment protects
against cruel and unusual punishment
Which amendment requires police to get a warrant before engaging in a search?
Fourth Amendment
The landmark case that firmly established the right to privacy is
Griswold v. Connecticut.
The Supreme Court determined that privacy rights extend to consensual activity between same-sex partners in
Lawrence v. Texas.
Which of the following about constitutional protections for free speech is accurate?
Some forms of speech can be limited or prohibited by the government.
Which amendment within the Bill of Rights specifically mentions the right to privacy?
There is no direct mention of privacy in the Bill of Rights.
What is prior restraint?
a government attempt to censor material of which it does not approve
Which of the following examples of controversial speech would fall under the scrutiny of the imminent lawless action test?
a website operated by a group that advocates attacks on American citizens that includes weapons training manuals
The Second Amendment protects and supports which of the following?
a well-regulated militia the right to keep and bear arms
Which of the following best describes the subject under consideration in Roe v. Wade?
abortion
Which of the following best describes positive acts of government intended to protect individuals against arbitrary or discriminatory actions?
civil rights
What type of protections ensure the government does not arbitrarily infringe upon the freedoms of citizens without adhering to strict legal procedures?
due process
The legal safeguards that prevent the government from depriving citizens of life, liberty, or property without adhering to strict legal procedures are known as
due process protections.
In which of the following instances would a warrantless search be valid?
if there is no reasonable expectation of privacy
What type of speech is unlikely to be limited or prohibited?
political speech
Which of the following approaches to incorporation would consider each Bill of Rights protection individually, on a case-by-case basis?
selective incorporation
What issue is currently at the forefront of public discourse about privacy?
the government's right to use social media in investigations
True or false: The bad tendency test remains the standard by which the Supreme Court allows the government to restrict speech today.
False
What concerns did the Anti-Federalists have in ratifying the U.S. Constitution?
The Constitution did not provide enough protections for citizens against an abusive government.
What does the Fifth Amendment prohibit?
double jeopardy compelled self-incrimination
True or false: Student-organized prayer is constitutional because the state is not engaging in any coercion by mandating or encouraging student participation.
True
Which of the following elements of the government was the Bill of Rights intended to limit?
the national judicial branch the national executive branch the national legislative branch
True or false: The Fourth, Fifth, and Sixth Amendments protect individuals against abuses by the state and, in so doing, promote a view of justice that the community widely embraces.
True
True or false: The unhappiness of early Americans with the British criminal justice system is demonstrated by the fact that four of the first eight amendments in the Bill of Rights deal almost exclusively with rights of the accused.
True
How did the Supreme Court rule in U.S. v. O'Brien, which addressed the constitutionality of the government punishing Vietnam War protesters for destroying or mutilating draft cards in the name of free speech?
The Court upheld the punishment, as the purpose of the cards was to facilitate the draft rather than to suppress speech.
Which of the following are considered Sixth Amendment protections?
the right to a speedy and public trial the right to counsel the right to a trial by jury
Which of the following are established protections according to Miranda v. Arizona?
the right to remain silent the right to an attorney
Which of the following was key to the clear and probable danger test?
the seriousness of the evil
The USA PATRIOT Act allows the FBI and other intelligence agencies to access personal information and records ______ targeted individuals.
without seeking permission from
The constitutionally established guarantees that protect opinions and property against arbitrary government interference are known as civil , whereas civil reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions.
liberties, rights
The bad tendency test is considered ______ the clear and present danger test.
more restrictive than
Libel and slander receive ______ protection under the First Amendment.
no
In both Near v. Minnesota (1931) and New York Times v. U.S. (1971), the Supreme Court ruled that the government could
not restrict the publication of a specific news story.
.Indecent or offensive speech or expression that is not protected under the First Amendment is known as
obscenity.
1.separationism 2.neutrality 3. accommodation
1. The establishment clause does not allow for any support of religious sects 2.The establishment clause allows the government to provide nonbiased support toward all religious groups. 3The establishment clause allows the government to support any religious group as long as it does not rise to the level of an official state religion.
Rank the following interpretations of the establishment clause from most strict to most flexible, with the most strict interpretation at the top.
1.separationism 2.neutrality 3. accommodation
In Gitlow v. New York, the Supreme Court determined that an aspect of the ______ Amendment applied to the states.
First
In the 1833 case Barron v. Baltimore, the Supreme Court determined that the Fifth Amendment applied to
the federal government only.
What are the religious clauses in the First Amendment?
the free exercise clause the establishment clause
In addition to the freedoms of speech and assembly, what other freedom does the First Amendment protect?
the freedom of religion
What do the protections of the First Amendment allow?
the freedom to express ideas
In Gideon v. Wainwright, the Supreme Court established that
the government must provide lawyers to individuals who cannot afford their own attorney.
Based on present-day interpretations of the Eighth Amendment, executions that are carried out must be done so in
the most humane and least painful manner.
The framers originally intended the Bill of Rights to restrict the powers of
the national government only.
What had prompted the movement for a safer nation?
the numerous mass shootings
In the case of Near v. Minnesota, the Supreme Court established a rule against censorship known as
prior restraint.
The right of the individual to be left alone to make decisions freely is known as the right to .
privacy
The right of an individual to be left alone without any interference from others is known as the right to
privacy.
The Fourth, Fifth, Sixth, and Eighth Amendments
provide citizens with guaranteed procedures throughout the criminal justice system. ensure justice and fairness in the administration of the law.
Which of the following levels of government does the Bill of Rights apply to today?
state federal
Historically, in times of perceived internal and external threats, the Supreme Court has been more willing to ______ political speech.
suppress
Picketing, flag burning, or wearing an armband are all examples of
symbolic speech.
Which two of the following most brought to light the disproportionate patterns of police officer-involved killing of persons of color?
the Black Lives Matter movement cell phone videos
On what basis did members of the alt-right challenge universities who hesitated to allow them to speak on campus?
the First Amendment
Which of the following acts of legislation legalized the surveillance of communications without a warrant or court order obtained by the U.S. government?
the Protect America Act
Which amendment ensures the right to legal counsel?
the Sixth Amendment
True or false: Most Americans believe the United States should establish a national religion.
False
True or false: The Supreme Court tends to adopt a separationist approach for most cases that deal with interpretations of the establishment clause
False
True or false: The Supreme Court tends to adopt a separationist approach for most cases that deal with interpretations of the establishment clause.
False
True or false: The freedom of American citizens to peacefully assemble cannot be limited by the government in any form.
False
True or false: Under the First Amendment, the government may not limit or prohibit any form of political expression.
False
Which of the following Supreme Court cases first established the doctrine of prior restraint?
Near v. Minnesota
The law passed by Congress soon after the 9/11 attacks that allows the FBI and other intelligence agencies to access personal information and records without consent from targeted individuals is known as the USA _____ Act.
PATRIOT
Which case was the first to attempt to extend the privacy rights established in Griswold v. Connecticut?
Roe v. Wade
What did the Supreme Court rule in regard to freedom of speech in the 1925 case Gitlow v. New York?
States were required to protect freedom of speech.
What is one concern in expanding the government's authority during times of national emergency?
Such actions will limit an individual's First Amendment rights.
What case tested the Court's commitment to protecting symbolic speech of a highly unpopular nature by asking it to evaluate a man's conviction under state law for burning an American flag?
Texas v. Johnson
How did the Supreme Court rule in the case of Texas v. Johnson?
The Court ruled that flag burning is symbolic political speech protected under the First Amendment.
Why did the Supreme Court suspend the death penalty in the 1972 case Furman v. Georgia?
The application of the death penalty was arbitrary and discriminatory and thus was incompatible with the standards in contemporary society.
How has the Supreme Court generally interpreted the establishment clause in their rulings over time?
There is no set interpretation. The Court has often shifted back and forth in its opinions.
Tinker v. Des Moines U.S. v. O'Brien
Tinker v. Des Moines - Vietnam War protesters could wear black armbands to school, illustrating their political beliefs. U.S. v. O'Brien -Vietnam War protesters were prevented from destroying their draft cards because government had a compelling interest that overrode this specific form of protest.
True or false: Central to the democratic process is the freedom to speak critically about government and politics.
True
True or false: Contentiousness over privacy cases has caused the Supreme Court to pair right to privacy cases with other rights that are well established and more widely accepted.
True
Which of the following questions have been raised in response to the use of body cameras by police officers in the wake of several high-profile police shootings?
Will cameras lead to increased government surveillance of civilians? Will cameras improve the quality of policing? Will cameras enable police profiling
Which of the following would be a case involving the free exercise of religion?
a man practicing polygamy because his religion sanctions it
According to the Supreme Court, when considering the reasonableness of a search, the strictest interpretation requires which of the following?
a warrant
The constitutional freedom of religion protects
all nonreligious groups. an individual's free exercise of religion. all religious groups
Which of the following examples best represents commercial speech?
an advertisement for a social networking application
Constitutionally guaranteed civil liberties exist to protect Americans from
arbitrary government interference against citizens, opinions, and property.
In deciding free exercise cases, a court must
balance an individual's right to the free practice of religion with the government's need to adopt a program or policy.
The freedoms of religion, privacy, and criminal due process encourage which of the following types of engagement?
community
The Supreme Court's ruling in District of Columbia v. Heller dramatically changed the meaning of the Second Amendment by
conferring to citizens an individual right to possess a firearm for lawful purposes.
The Supreme Court ruled that an Ohio program that gave vouchers to parents to offset the cost of parochial schooling was
constitutional, as the program was based on private choice not government endorsement of a religious school.
Which of the following explains why the Supreme Court tends to link right to privacy cases to other rights that are explicitly established in the Bill of Rights?
controversy over right to privacy issues
Which constitutional rights safeguard those accused of crimes and constrain government investigations, trials, and punishments?
criminal due process rights
The language in the Bill of Rights has led to
disagreement over its interpretation.
The Court will generally allow government support for religious schools, programs, and institutions if the support does which two of the following?
does not specifically endorse a particular religious belief advances a secular goal
The religion clauses of the First Amendment do which of the following?
ensure the government does not hinder individuals' exercise of religion bar the government from establishing a national religion bar the government from supporting one religious sect over another
The First Amendment clause that prohibits the government from passing any laws that establish an official religion is known as a clause.
establishment
The clause of the First Amendment requires government neutrality toward religious institutions, whereas the clause prohibits the government from taking hostile action toward individuals' practice of their religion.
establishment free exercise
The Supreme Court ruled that the Constitution protects two types of freedom of association, including associations, through which Americans form associations with others and practice their First Amendment freedoms.
expressive
The Bill of Rights initially applied only to which level of government?
federal
The First Amendment protection that makes it illegal for the government to enact laws that restrict the free practice of religion by any individual is known as the ______ clause.
free exercise
What two values are in conflict because of the liberties ensured by the Bill of Rights?
freedom and order
The First Amendment freedoms that support civic discourse include which of the following freedoms?
freedom of assembly freedom of the press freedom of speech
In 1976, the Supreme Court allowed the reinstatement of the death penalty in states that
had implemented adequate legal safeguards.
The purpose of the Miranda rights statement is to remind suspects of their
Fifth Amendment right against self-incrimination.
Which faction among the framers was opposed to ratifying the Constitution without first including a written Bill of Rights?
Anti-Federalists
Which Supreme Court decision found that the application of the death penalty was arbitrary and discriminatory and thus, was incompatible with the standards in contemporary society?
Furman v. Georgia
Why are civil libertarians concerned about the government's collection of data from social networks?
Government collection of data might violate constitutional rights to privacy.
Which of the following arguments relate to the controversy surrounding the Second Amendment?
Gun ownership creates a free and safe society. Easy access to firearms is a threat to public safety.
How does the Bill of Rights impact the goals of government?
It limits government's ability to enforce order.
How did the Supreme Court view free speech claims after the Cold War?
It shifted to a broader interpretation of the First Amendment.
How does the Supreme Court decide whether a right is protected by the due process clause of the Fourteenth Amendment from impairment by the states?
It uses a formula that asks whether the right is rooted in American tradition and conscience and is essential for liberty.
State-funded programs, based on the Supreme Court decision in Lemon v. Kurtzman, are unable to withstand scrutiny under the establishment clause if the program
has a significant effect on advancing a religion.
The American Civil Liberties Union (ACLU) is one of several groups that ______ post-9/11 anti-terror measures such as domestic surveillance without a warrant.
has been critical of
How is the legal standard for the right to privacy established?
implicitly within the Bill of Rights, supported by Supreme Court rulings
Based on their experiences with the British, what types of government action did the framers of the Constitution seek to protect citizens against?
Confiscation of property, censorship, limitations on speech
True or false: Freedom of speech includes spoken or written language but not symbolic actions such as picketing or wearing an armband to signify a protest.
False
True or false: Protection of groups against being singled out by the government for unequal treatment led to the constitutional protections of freedom of religion, the right to privacy, and the right to due process in the criminal justice system.
True
What function do the criminal due process rights in the Fourth, Fifth, Sixth, and Eighth Amendments fulfill?
They establish guidelines for law enforcement, trial, and punishment.
Why didn't the Federalists think that a bill of rights was necessary?
They saw the Constitution's delegation of national power and protections against an abusive government as a bill of rights itself.
True or false: Every state allows for some form of concealed-carry protection, which allows citizens to have weapons on them or in close proximity.
True
In the 2002 case Lawrence v. Texas, the Court ruled that the privacy rights associated with sexual activity ______ apply to same-sex couples.
do
In Chaplinsky v. New Hampshire, the Court ruled that fighting words ______ the democratic goals of free speech.
do not advance
In Brandenburg v. Ohio (1969), the Supreme Court signaled that it would
give more weight to First Amendment claims and less to government claims of security and order.
In the Griswold case, the Court concluded that the right to privacy is ______ all other liberties.
implied in
In which of the following places would the police most likely have to obtain a warrant before conducting a search?
in a person's home
Why has the Supreme Court placed restrictions upon the freedom to assemble?
in order to preserve order and public safety
Match the term to its appropriate definition.
total incorporation - the theory that the Fourteenth Amendment's due process clause requires states to uphold freedoms guaranteed in the Bill of Rights selective incorporation matches - the process by which the Supreme Court gradually applied freedoms that served some fundamental principle of liberty to the states
The application of all the protections claimed in the Bill of Rights to the states is known as incorporation, whereas case-by-case consideration of these protections is known as incorporation.
total, selective
When it comes to Supreme Court decisions on the right to privacy, rulings are
usually linked to some other explicitly established constitutional right.
According to the Constitution, a reasonable search is one where the police have obtained a(n) .
warrat
After the polarizing 2016 presidential elections, which of the following free speech issues did some of the nation's elite universities have to consider?
whether to allow alt-right speakers who were galvanized by white supremacy to speak on campus
In the case of ______, the Supreme Court ruled that requiring Christian companies to provide contraception coverage to employees burdened religious liberty only when the companies were "closely held."
Burwell v. Hobby Lobby (2014)
Which of the following standards are included in the obscenity test defined by the Supreme Court in Miller v. California?
Does the work as a whole lack serious literary, artistic, political, or scientific value? Does the average person applying contemporary standards find that the work appeals to the prurient interest? Does the work depict in an offensive way a form of sexual conduct specifically prohibited by anti-obscenity laws?
Protection against cruel and unusual punishment is contained in the
Eighth Amendment.
Under which circumstances are Americans more likely to adopt an expansive interpretation of civil liberties?
In times of peace when they don't perceive themselves to be under some external threat.
Why was the Supreme Court decision in the 1833 case Barron v. Baltimore significant to the interpretation of the Bill of Rights?
It determined the Fifth Amendment only applied to actions of the federal government.
Which of the following describes how, in the case of Burwell v. Hobby Lobby, the Court changed the interpretation of the free exercise clause?
It extended the First Amendment right of religious freedom to corporations.
What function does the Bill of Rights serve?
It limits the arbitrary exercise of government power. It establishes freedoms essential to community participation.
How did Congress respond to the Supreme Court's ruling in Texas v. Johnson?
It passed the Flag Protection Act, which was subsequently struck down by the Court.
Which of the following statements about evidence that is subject to the exclusionary rule are true?
It was gathered illegally.
Which of the following would be considered an appropriate description of the Bill of Rights in general?
The Bill of Rights embodies broad principles that are often seen as vague and open to interpretation.
In which of the following scenarios would the Supreme Court find the death penalty unconstitutional?
The defendant received an unfair legal process.
Which of the following scenarios will most likely lead to citizens accepting fewer government restrictions of civil liberties?
The nation experiences a period of relative security and stability.
In which case did the Court rule that Vietnam War protesters wearing black armbands to school constituted free speech protected under the Constitution?
Tinker v. Des Moines
Which of the following principles are important to the First Amendment freedom of the press?
allowing citizens to hear competing ideas about public issues ensuring that the government remains accountable to its citizens
The Supreme Court's clear and present danger test, as established in the Schenck v. U.S. case,
allows authorities to silence speech when it poses a threat that the government could prevent.
Which of the following has been the nation's primary response to claims of systemic racism and police abuse?
body cameras for police
Which of the following best characterizes the Bill of Rights?
broad principles
Based on the exclusionary rule, evidence that is illegally obtained ______ be used in a trial.
cannot
True democracy ______ when the government controls the press.
cannot survive
Restricted speech known as fighting words does which of the following?
inflicts injury results in public disorder
The Supreme Court ruled that the Constitution protects two types of freedom of association, including associations, which are close human relationships maintained as part of an individual's personal liberty.
intimate
In post-9/11 America, the balance between protecting individual freedoms and preserving public safety has become harder to achieve, given perceived
intrusions on free speech and assembly.
Compared with political speech, the government affords commercial speech
less protection.
False written statements about others that harm their reputation are known as , whereas false verbal statements about others are known as
libel, slander
Time, place, and manner restrictions on public assembly are to be applied in a content-______ manner.
neutral
In Mapp v. Ohio, the Supreme Court extended the exclusionary rule to court proceedings
state
True or false: All forms of speech are protected under the U.S. Constitution.
False
True or false: The American gun debate stems from a disagreement about how to interpret the language of the Second Amendment.
True
Which of the following did the Court consider when making its decision in Gideon v. Wainwright?
the community's view of fundamental fairness
True or false: According to Supreme Court jurisprudence, the government is barred from ever interfering with the exercise of religion.
False
According to a 2016 survey, what percentage of Americans said that religion was fairly or very important in their lives?
75 percent
Which of the following scenarios will most likely lead to citizens allowing more government restrictions of civil liberties?
A terrorist group launches attacks against targets on American soil.
Which of the following is true of the Fourteenth Amendment's extension of the Bill of Rights to the states?
According to the Supreme Court, only some of the most important freedoms are applied to the states.
Which of the following parts of the U.S. Constitution explicitly recognizes and protects individual liberties?
Bill of Rights
The imminent lawless action test is also called the
Brandenburg test. incitement test.
Why is freedom of speech important to the democratic process?
Citizens must be able to share information and ideas. Citizens must be able to publicly criticize their government.
Which of the following are considerations of the Lemon test for assessing a government program's relationship with religious institutions?
Does the program have a secular purpose? Does the program have as its principal effect the advancement of religion? Does the program create excessive entanglement between church and state?
Using the Lemon test, the Court ruled that the Ohio program that gave vouchers to parents to offset the costs of parochial schooling
passed the test, as the purpose of the program was secular rather than religious; the primary beneficiaries were the students.
The attempt to block the publication of material considered to be harmful is known as ______ restraint.
prior
The concept of due refers to the legal safeguards that prevent the government from arbitrarily depriving citizens of their constitutionally protected rights.
process
In a free exercise case, which of the following is the government permitted to regulate?
religious actions
According to the establishment clause, the government is required to
remain neutral toward all religious institutions.
According to Citizens United v. Federal Election Commission, laws that restrict corporations from spending money to influence political campaigns are
restraints on the freedom of speech.
Which of the following rights has not been incorporated?
right to a grand jury indictment
Unlike earlier evaluations of speech restriction, the imminent lawless action test requires any government in the United States that seeks to silence speech to show that
risk of harm from the speech is highly likely. harm from the speech is immediate or imminent.
Citizens who support gun control laws claim that are seeking a ______ society.
safer
In Brandenburg v. Ohio (1969), the Supreme Court overthrew the convictions of the leaders of a Ku Klux Klan group because it found that the government can't
silence mere advocacy and must demonstrate the speech created the risk of immediate disorder or lawlessness.
What experience influenced the framers to include protections for civil liberties in the Constitution?
the British government's oppressive actions against American colonists
Which of the following amendments contribute to ensuring criminal due process?
the Eighth Amendment the Sixth Amendment the Fourth Amendment the Fifth Amendment
What two factors are important in cases in which the Supreme Court has extended the right to privacy to the right to engage in sexual activity?
the activity takes place at home the activity is consensual
Based on the Court decision in Miller v. California, who is considered vital in determining what is obscene?
the average person
The Supreme Court decision in Schenck v. U.S. established which of the following tests?
the clear and present danger test
Match the Supreme Court standard regarding the restriction of free speech to its definition
the clear and present danger test - The government can restrict any speech that poses a threat that the government has the ability to prevent. the bad tendency test- The government can restrict any speech that has the potential to incite crime or threaten the peace. the clear and probable danger test- The government can restrict any speech to avoid a threat of grave danger, like an armed takeover of the United States.
